JOHAN Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) The petitioner is aggrieved by Exhibit P11 communication of the third respondent by which, he has been directed to produce a consent letter of the building owner for the grant of registration under the Kerala Municipalities (Registration of Private Hospitals and Private Para Medical Institutions) Rules, 1997 ("the rules") for short. According to the petitioner, he has been conducting a Dental Clinic by name Poly Dental Specialists Centre from 1987 onwards. Presently, a litigation is pending between the landlord and petitioner, who has sought vacant possession of the building by initiating proceedings under the Kerala Buildings (Lease and Rent Control) Act, 1965. Therefore, he is not in a position to obtain a consent from the landlord. It is contended that the Rules do not stipulate the production of a consent of the landlord. According to Shri Thampan Thomas who appears for the petitioner, R. 4 of the Rules do not stipulate the production of a consent of the landlord as a pre-condition for registration. Reference is made to Form No. 4 that prescribes the proforma for seeking registration to submit that, no such requirement is stipulated by the said form also. Advocate Siby Mathew appears for the respondents.

(2.) Heard.

(3.) Rule 4 of the Rules reads as follows:-